Denny C.L. vs. State Of Kerala

WP(C)/25774/2021HC KeralaGSTCNR KLHC01064423202101 August 2024Bench: HONOURABLE MR.JUSTICE BASANT BALAJI4 pages
For Petitioner: SINDHU SANTHALINGAM, A.D.SHAJANFor Respondent: GP SRI. RIYAL DEVASSY
AI SummaryAllowed

Held

The High Court allowed the writ petition, making its earlier interim order absolute. It directed the Sub Inspector of Police to provide adequate and effective protection to the petitioner and his employees for carrying out loading and unloading activities from any threat by the respondent trade unions.

Facts

The petitioner sought police protection to operate his showroom and conduct loading/unloading activities in Erumapetty, Kerala, without interference from local trade unions. The Kerala Head Load Workers Welfare Fund Board confirmed that the area where the petitioner operates is not a scheme-covered area.

Key Issues

The key legal issue was whether the petitioner was entitled to police protection against interference from trade unions for his business operations, specifically loading and unloading, in an area not covered by the Head Load Workers Scheme.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 1ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946 WP(C) NO. 25774 OF 2021 PETITIONER: DENNY C.L. AGED 50 YEARS S/O. LONAPPAN, CHUNGATH HOUSE, ERUMAPETTY, THRISSUR - 680584. BY ADVS. SINDHU SANTHALINGAM A.D.SHAJAN RESPONDENTS

: 1 STATE OF KERALA REPRESENTED BY ITS HOME DEPARTMENT OF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001. 2 THE SUB INSPECTOR OF POLICE, ERUMAPETTY POLICE STATION, THRISSUR - 680584. 3 PHILIP SECRETARY, CITU, ERUMAPETTY, THRISSUR - 680584. 4 BABY SECRETARY, INTUC, ERUMAPETTY, THRISSUR - 680584, 5 MUKESH SECRETARY, B.M.S, ERUMAPETTY, THRISSUR - 680584. 6 LABOUR OFFICER, VADAKKANCHERRY, THRISSUR DISTRICT - 680005. 7 KERALA HEAD LOAD WORKERS WELFARE FUND BOARD. TRIVANDRUM - 695036, REPRESENTED BY ITS SECRETARY. BY ADV SRI.S.KRISHNA MOORTHY, SC, KHWWB OTHER PRESENT: GP SRI. RIYAL DEVASSY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT (Dated this the 1st day of August, 2024) The Writ Petition

The judgment continues below.

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